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2025 DAILYLAW 38546 (HP)

ADITYA BIRLA CAPITAL LTD v. THE STATE OF HP AND OTHERS

CWP/17721/2025 · 2025-11-14

Jiya Lal Bhardwaj, Sandeep Sharma

body2025

Judgment text

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2025:HHC:38501 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17721 of 2025 Date of Decision: 14.11.2025 ________________________________________________________________ Aditya Birla Capital Ltd. ......Petitioner Versus State of H.P & ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Hon’ble Mr. Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting? For the Petitioner: Mr. Naveen Pathania, Advocate with Mr. Aman Vasisth, Advocate (through V.C.). For the respondents:Mr. Rakesh Dhaulta, Additional Advocate General for respondent No.1-State. Sandeep Sharma, J. (Oral) Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by the learned counsel representing the petitioner is that the application under Section 14 of SARFAESI Act, 2002 is pending adjudication before the Court of learned ACJM, Nalagarh, H.P and as such necessary directions may be issued to expedite the hearing and conclude the proceedings in a time bound manner. 2. Though prima facie, we are of the considered opinion that the present petition is not maintainable, however, having regard to the innocuous prayer made on behalf of the petitioner, we deem it fit to dispose of the present petition with a direction to the learned ACJM, 2025:HHC:38501 - 2 - Nalagarh, H.P to pass suitable order and decide the application under Section 14 of the SARFAESI Act, 2002 expeditiously preferably within two months. Ordered accordingly. Needless to say, Court concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner as well as the other stake holders. Since this Court has not touched the merits of the case, Court below shall decide the same without being influenced by the filing of the present petition in this Court. Pending applications, if any, also stand disposed of. (Sandeep Sharma) Judge November 14, 2025 (Jiya Lal Bhardwaj) (mamta) Judge